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News & Analysis In the Courts Volume 51, Issue 2

Texas v. New Mexico

ELR 20263
65 (U.S., December 2020)
The U.S. Supreme Court denied, 8-0, Texas' motion to review a river master's final determination in a long-running dispute over how Texas and New Mexico share water.

Rocky Mountain Wild v. Bernhardt

ELR 20261
2:19-cv-00929-DBB-CMR (D. Utah, December 2020)
A district court remanded BLM's authorization and issuance of 59 leases of public land in the Uinta Basin for oil and gas exploration.

Park County Environmental Council v. Montana Department of Environmental Quality

ELR 20262
DA 19-0492 (Mont., December 2020)
The Montana Supreme Court affirmed in part a ruling that granted summary judgment for environmental groups in a challenge to the Montana Department of Environmental Quality's approval of an exploration license for mining on private land north of Yellowstone National Park.

Center for Biological Diversity v. Bernhardt

ELR 20259
18-73400 (9th Cir., December 2020)
The Ninth Circuit vacated the Bureau of Ocean Energy Management's (BOEM's) approval of an offshore drilling and production facility in the Beaufort Sea.

County of El Paso, Texas v. Trump

ELR 20260
19-51144 (5th Cir., December 2020)
The Fifth Circuit, 2-1, affirmed in part and reversed in part a ruling enjoining the Trump Administration from using military funds to build portions of a border wall along the U.S.-Mexico border.

Bair v. California Department of Transportation

ELR 20258
19-16478 (9th Cir., December 2020)
The Ninth Circuit reversed a lower court ruling that the California Department of Transportation failed to adequately consider the environmental impacts of a proposed highway improvement project in a state park.

Sierra Club v. United States Army Corps of Engineers

ELR 20257
20-2039 (4th Cir., December 2020)
The Fourth Circuit stayed a pipeline company's use of a nationwide permit, verified by the Army Corps of Engineers, to carry out construction of the Mountain Valley Pipeline in streams and rivers along the pipeline's route.

Columbia Riverkeeper v. United States Army Corp of Engineers

ELR 20256
19-6071 (W.D. Wash., November 2020)
A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to the Army Corps of Engineers' approval of permits for a methanol plant in southwestern Washington.

Voigt v. Coyote Creek Mining Co., LLC

ELR 20254
18-2705 (8th Cir., November 2020)
The Eighth Circuit affirmed, 2-1, a ruling in favor of a mining company in a challenge to the company's failure to obtain a CAA construction permit for a mine in rural North Dakota.

WildEarth Guardians v. Bernhardt

ELR 20255
1:19-cv-00505-RB-SCY (D.N.M, November 2020)
A district court denied a motion to vacate three oil and gas leases issued by BLM in southeastern New Mexico.